Chamber
Plenary, 20 Feb 2003
20 Feb 2003 · S1 · Plenary
Item of business
Criminal Justice (Scotland) Bill
As the Deputy First Minister said, the bill is a substantial piece of legislation, which will have a major impact in improving Scotland's criminal justice system.
The bill has grown substantially during the months in which it proceeded through the Justice 2 Committee. Even at stage 2, extra provisions were still being added to the bill even as the committee discussed it. On a number of occasions, the committee found itself in the difficult position of being asked to consider extra provisions, such as section 59A on sectarianism, at very short notice and with little time to take evidence. However, by increasing the number of committee meetings, we made the time to ensure that the provisions were properly probed and scrutinised to the maximum effect.
Although some of the bill is of a technical nature and is aimed simply at tidying up existing legislation, substantial sections will make a major contribution to improving the lot of ordinary Scots. The introduction of better rights for victims, under part 2 of the bill, is a major step forward in trying to ensure that victims are kept better informed and have their voice heard in the criminal justice system. As Duncan Hamilton said, it will be interesting to see the outcome of the victim statements pilot. I hope that a future justice committee will reconsider the matter closely, as there were concerns about whether the process would deliver its objective.
I believe that the right balance has been struck in the provisions on the physical punishment of children. The committee concluded that there was no convincing evidence to justify a blanket ban on smacking under-threes. I fully supported that view. However, the committee supported the rest of section 43, which clarifies the defence of reasonable chastisement. Section 43 sends out a strong signal from the Parliament that blows to the head, shaking a child and hitting a child with an implement will not be tolerated. I believe that that is the right approach to take.
Finally, I warmly welcome the amendments to the Wildlife and Countryside Act 1981, which will make the prosecution of wildlife offences much easier. Wildlife crime is a major problem in my constituency. The provisions are a major step forward in tackling the problem and will be widely welcomed by my constituents in Argyll and Bute.
The bill has grown substantially during the months in which it proceeded through the Justice 2 Committee. Even at stage 2, extra provisions were still being added to the bill even as the committee discussed it. On a number of occasions, the committee found itself in the difficult position of being asked to consider extra provisions, such as section 59A on sectarianism, at very short notice and with little time to take evidence. However, by increasing the number of committee meetings, we made the time to ensure that the provisions were properly probed and scrutinised to the maximum effect.
Although some of the bill is of a technical nature and is aimed simply at tidying up existing legislation, substantial sections will make a major contribution to improving the lot of ordinary Scots. The introduction of better rights for victims, under part 2 of the bill, is a major step forward in trying to ensure that victims are kept better informed and have their voice heard in the criminal justice system. As Duncan Hamilton said, it will be interesting to see the outcome of the victim statements pilot. I hope that a future justice committee will reconsider the matter closely, as there were concerns about whether the process would deliver its objective.
I believe that the right balance has been struck in the provisions on the physical punishment of children. The committee concluded that there was no convincing evidence to justify a blanket ban on smacking under-threes. I fully supported that view. However, the committee supported the rest of section 43, which clarifies the defence of reasonable chastisement. Section 43 sends out a strong signal from the Parliament that blows to the head, shaking a child and hitting a child with an implement will not be tolerated. I believe that that is the right approach to take.
Finally, I warmly welcome the amendments to the Wildlife and Countryside Act 1981, which will make the prosecution of wildlife offences much easier. Wildlife crime is a major problem in my constituency. The provisions are a major step forward in tackling the problem and will be widely welcomed by my constituents in Argyll and Bute.
In the same item of business
The Deputy Presiding Officer (Mr Murray Tosh):
Con
The next item of business is a debate on motion S1M-3730, in the name of Mr Jim Wallace, that the Criminal Justice (Scotland) Bill be passed.
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
The Criminal Justice (Scotland) Bill is a substantial and significant piece of legislation. It is only right that it should have been subject to rigorous and...
The Deputy Presiding Officer:
Con
A long list of members wish to take part in the debate, so I ask everyone to keep tightly to the three-minute time allocation.
Roseanna Cunningham (Perth) (SNP):
SNP
At stage 1, I expressed my concern that the bill represented a return to the bad old days of the law reform (miscellaneous provisions) (Scotland) bills. The ...
Bill Aitken (Glasgow) (Con):
Con
The minister mentioned some aspects of the bill that are highly satisfactory and for which we commend the Executive. Other aspects, such as civilianisation a...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I begin by thanking the Justice 2 Committee very much for its hard work. There was not a single issue that the Parliament was concerned about that the commit...
The Deputy Presiding Officer:
Con
I will call as many members as I can.
Mr Duncan Hamilton (Highlands and Islands) (SNP):
SNP
I, too, support the bill, although I do not do so unreservedly. I thank my colleagues on the Justice 2 Committee. As I come to the end of my time in the Parl...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
I welcome the opportunity to welcome the passing of this important bill. I, too, congratulate the Justice 2 Committee—in particular the convener—on its hard ...
Lord James Douglas-Hamilton (Lothians) (Con):
Con
It is regrettable that there has been insufficient time to give full attention to many of the issues that were before the committee. To give just one example...
George Lyon (Argyll and Bute) (LD):
LD
As the Deputy First Minister said, the bill is a substantial piece of legislation, which will have a major impact in improving Scotland's criminal justice sy...
Dr Richard Simpson (Ochil) (Lab):
Lab
I join others in congratulating the minister and the committee on the way in which they have tackled the issues in the bill.The Justice 2 Committee's scrutin...
The Deputy Presiding Officer:
Con
If Irene McGugan will restrict herself to two minutes, I will be able to give two minutes to Brian Fitzpatrick, who will be the last member to speak.
Irene McGugan (North-East Scotland) (SNP):
SNP
I will confine my remarks to the physical punishment of children. The bill is a step in the right direction, but it is a small step. As Richard Simpson sugge...
Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab):
Lab
As Johann Lamont mentioned, the Criminal Justice (Scotland) Bill represents the culmination of a lot of hard work by the subject committee and occasional vis...
The Deputy Presiding Officer:
Con
My regrets to the four members whose names remain on my screen, but the clock has beaten us. I call Hugh Henry to wind up the debate.
The Deputy Minister for Justice (Hugh Henry):
Lab
Like the minister, I thank all those who worked so hard on the bill and the organisations and individuals who provided written submissions and gave oral evid...